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Dutton stumps for bill protecting businesses from frivolous Americans with Disabiliti

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Dutton stumps for bill protecting businesses from frivolous Americans with Disabilities Act lawsuits

Kristina Hernandez, Redlands Daily Factsredlandsdailyfacts.com

03/02/2012 01:10:02 PM PST

http://www.dailybulletin.com/ci_20088932

REDLANDS -- Sen. Bob Dutton, R-Rancho Cucamonga, held a press conference Friday morning outside of Redlands Lock and Key to discuss a new bill that will stop attorneys from using the Americans with Disabilities Act, or ADA, to extract money from California businesses.

SB 1186 was introduced to the California State Senate in February and asks that businesses be allowed 90 days to fix minor infractions of the ADA before a lawsuit can be filed.

The bill will protect the rights of the disabled, while ensuring that small businesses will be protected from frivolous lawsuit abuse.

Joining Dutton at the conference were Redlands business owners Juan Basols, owner of Redlands Lock and Key, Paul Barich, owner of Barich Associates and president of the Redlands Chamber of Commerce, and Maryann Marino, regional director for California Citizens Against Lawsuit Abuse.

Both Basols and Barich have been on the receiving end of an ADA lawsuit, they said.

Upon learning that he was being sued for not complying to ADA standards on a parking structure he does not own, Barich said he was hit with some discouraging news.

The man suing him said it "would all go away" if Barich paid the man $4,000.

Instead of doing so, Barich contacted his landlord, who took care of the problem within a day.

"I have about 2,000 clients that are on Medicare and most of those are disabled," Barich added. "So the last thing I would ever do is try

to restrict a disabled person to come from my establishment.

"Once we are aware of something that is wrong, give us time to fix it."

Dutton said he had been contacted by many businesses in the Redlands area about these lawsuits and decided to lend a hand.

He said the lawsuits are nothing more than extortion of the business community, adding that he is going to try to do what he can do to help.

Dutton said he is also working with businesses in his district, including San Bernardino and has the support of fellow senator Diane Feinstein.

"Most of the cities in my district are small cities (who) have (a) good Chamber of Commerce, and I don't want to see them hurt," he said.

Dutton added that he is awaiting word on when the judicial committee will be hearing the bill.

Marino said that these lawsuits are preventing local businesses from creating jobs, adding that it is costly for business owners to find lawyers and take their case to court.

"We need more jobs, not more lawsuits," she said. "And that's why we're here. We are supporting -- whole-heartedly -- Sen. Dutton and his ADA fix bill."

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Reach Kristina via email, or call her at 909-793-3221, or find her on Twitter @TheFactsKris.
 
Senator Dutton proposes bill to stop lawsuit abuse

http://www.newsmirror.net/articles/2012/03/09/news/doc4f57cd645b99b888710501.txt

By NOELLE KIELY

Staff Reporter

Thursday, March 8, 2012 11:06 PM PST

Senator Bob Dutton, in conjunction with representatives from the California Citizens Against Lawsuit Abuse, held a press conference at a Redlands business on Friday, March 2 in response to a number of businesses in the area that have been subjected to frivolous lawsuits. At least two businesses in Yucaipa have been sued and the Yucaipa Valley Cham*ber of Commerce is one of many chambers in California, supporting Dutton’s Senate Bill 1186 designed to end Amer*icans with Disabilities Act Lawsuit Abuse.

“We need to support our local businesses so they will not be subject to frivolous lawsuits, said Yucaipa Chamber CEO Pam*ela Emenger

Attorneys are using the ADA to demand money from California businesses, including many small businesses in Yucaipa and Calimesa, and passing this bill would protect small business owners from what Dutton refers to as “extortion.”

“This is legislation aimed at ending what I call ‘drive by’ lawsuits by unscrupulous law*yers who are suing businesses up and down California for what can only be described as ‘minor’ infractions of the Americans With Disabilities Act. My bill will give businesses 90 days to fix the infractions, like adjusting a mirror in a bathroom or making a technical fix to the handicapped sign in the parking lot, before a lawsuit can be filed,” Dutton reported.

Juan Basols, the owner of the Redland’s business, was a victim of such abuse. He said, “I received a letter demanding thousands of dollars because I don’t have handicap parking.” The letter indicated that a lawsuit would be dropped if he paid the money. Basols, whose small business only has two parking spaces, opted to go to court, where he was cleared of charges for non-compliance of ADA regulations.

Dutton said, “Nothing gets done and small businesses are investing in needless litigation costs. This bill does not take away from the American’s with Disabilities Acts, it just gives businesses 90 day to come into compliance before a lawsuit can be filed.”

Regional Director for Calif*ornia Citizens Against Lawsuit Abuse MaryAnn Marino, said, “There are 250,000 to 350,000 of these abusive ADA lawsuits in California every year and hundreds of thousands of demand letters. These lawsuits prevent local businesses from creating jobs due to the costly litigation. We need more jobs, not more lawsuits, so we wholeheartedly support Senator Dutton and his ADA fix bill.”

Dutton ended, “No one wants to see the rights of anyone, particularly the disabled, violated. SB 1186 is a piece of common-sense legislation that continues to ensure ADA is enforced without leading to this modern-day extortion of our business community.”

Dutton is waiting for a date when the judicial committee will hear and review the bill.
 
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